Oral Argument Schedule & Briefs

February 12-16, 2007

The following summaries are drawn from briefs and lower court judgments. They are meant to provide a general idea of facts and issues presented in cases, and should not be considered official court documents. Facts and issues presented in these summaries should be checked for accuracy against records and briefs, available from the Court, which provide more specific information.

Mr. Guardado pleaded guilty to the murder of Jackie Malone, a 75-year-old woman who was fatally beaten and stabbed in her home in September 2004. A jury voted unanimously to recommend a death sentence and he was condemned. This is his direct appeal; he raises various issues.

Mr. Preston was convicted of the January 1978 murder of Earline Walker, who was beaten and fatally stabbed. A jury voted 7-to-5 to recommend a death sentence and he was condemned. That sentence was later overturned and Mr. Preston had a new penalty hearing before a second jury, which voted 9-3 to recommend a death sentence. However, the trial judge then granted a third sentencing hearing because of a problem in the second one. After the third penalty hearing, a jury voted unanimously to recommend a death sentence for Mr. Preston. He was condemned and this Court upheld that sentence on direct appeal. Mr. Preston filed a post-conviction appeal in circuit court. It was denied and this appeal followed.

Seminole County

Florida Supreme Court Oral Arguments

Tuesday, February 13, 2007

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Mr. Cuervo was convicted of attempted murder and sentenced to life in prison. He appealed to the Fifth District Court of Appeal, arguing his statements to detectives should not have been used as evidence against him because he had invoked his right to remain silent. The 5th DCA rejected his appeal and Mr. Cuervo appealed that decision to this Court, arguing it conflicts with decisions by other District Courts of Appeal as well as the Florida Supreme Court.

Mr. Dailey was convicted of the May 1985 murder of Shelley Boggio, a 14-year-old who was choked, stabbed, cut and ultimately drowned. A jury voted unanimously to recommend a death sentence and Mr. Dailey was condemned. This court overturned the sentence on direct appeal and ordered a new sentencing. He was condemned a second time. This Court upheld that death sentence on direct appeal. Mr. Dailey filed a post-conviction appeal in circuit court. It was denied and this appeal followed. He raises various issues.

Mr. Williamson was convicted of the murder of Daniel Drew, who was fatally stabbed in Cross City Correctional Institution in 1985. Mr. Williamson was convicted and a jury voted 11-1 to recommend a death sentence. He was condemned and this Court upheld his sentence on direct appeal. Courts also denied Mr. Williamson's first post-conviction appeal. He filed a successive post-conviction appeal and the trial court denied it. This appeal followed.

Dixie County

Florida Supreme Court Oral Arguments

Wednesday, February 14, 2007

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

The Court considers recommended changes to rules affecting juries. The proposals were first advanced by the Jury Innovations Committee and then considered by various court committees. Some of the recommendations included in this case deal with standard questionnaires for prospective jurors, questions by jurors during a trial, and note-taking by jurors during trials. Other recommendations included in this case deal with giving jurors copies of the written jury instructions for use during deliberations and whether judges should verbally give instructions to juries before or after closing arguments.

Ms. Dupont sued Speedway SuperAmerica, alleging she had been subjected to a sexually hostile workplace by a co-worker. She was awarded $80,088.80 in damages and back pay. Speedway appealed to the Fifth District Court of Appeal and a three-judge panel vacated the award. Ms. Dupont asked for a rehearing and the full 5th DCA withdrew the original decision and upheld the award. Speedway appealed that ruling to this Court.

Mr. Belcher was convicted of the January 1996 murder of Jennifer Embry, who was raped, strangled and drowned. The jury voted 9-3 to recommend a death sentence and he was condemned. This Court upheld his sentence on direct appeal and Mr. Belcher filed a post-conviction appeal in circuit court. It was denied and this appeal followed. Mr. Belcher raises various issues.

Duval County

Florida Supreme Court Oral Arguments

Thursday, February 15, 2007

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

The Court considers a proposed rule change that would give prosecutors the right to give the first closing argument to the jury and also, after the defense has presented its closing argument to the jury, a final closing argument. Under the previous rule, defendants who did not call any witnesses other than themselves had the right to make the opening and closing final argument.

Mr. Bell was convicted of the December 1993 murders of Jimmy West and Tamecka Smith, who were fatally shot. A jury unanimously recommended a death sentence and he was condemned. After this Court upheld the sentence on direct appeal, Mr. Bell filed a post-conviction appeal in circuit court. It was denied and this appeal followed. Mr. Bell raises several issues.

The Ceballos' home was destroyed by a fire. Their insurer, Citizens, paid them $125,000, the full face value of the home, but refused to pay an additional 25 percent of that amount sought by the Ceballos. The additional coverage, called "law and ordinance," is intended to cover costs that policy-holders incur due to regulations covering restoration. The trial judge ruled that the Ceballos were owed that amount; the Third District Court of Appeal overturned that decision, ruling the Ceballos had to show they had incurred those costs. The Ceballos appealed to this Court.

Miami-Dade County

Florida Supreme Court Oral Arguments

Friday, February 16, 2007

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.